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High Court of Punjab and HaryanaCRWP/7139/2026disposed of

Sunita v. State Of Punjab And Others

2026-07-02Mr. Justice Vikram Aggarwal3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of Decision: 02.07.2026 SUNITA ....Petitioner V/s STATE OF PUNJAB AND OTHERS ....Respondents CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present:

Mr. Gagandeep Singh Bajwa, Advocate for the petitioner.

Mr. Ravneet Singh Lekhi, AAG, Punjab.

*** VIKRAM AGGARWAL, J. (ORAL) This petition preferred under Article 226 of the Constitution of India, seeking issuance of a writ of habeas corpus with a roving writ to search for the detenues Gurpreet Singh son of Sarabjit Singh, resident of Village Ghanupur Kale, District Amritsar and Shamsher Singh son of Bhajan Singh, resident of Village Rajatal, District Amritsar, who were alleged to have been illegally detained by respondent No.3. 2.

On 13.06.2026, the following order was passed by a Coordinate Bench:- "Learned counsel for the petitioner submits that the age of the petitioner has been recorded incorrectly in AADHAR card and also in the petition whereas she is about 38 years old.

Through the instant petition, the petitioner has complained that respondent No.3 has illegally detained Gurpreet Singh son of Sarbjit Singh resident of village Ghanupur Kale and Shamsher Singh son of Bhajan Singh resident of village Rajatal, without there being any case registered against the said persons.

Notice of motion for 02.07.2026.

-2Keeping in view the averments made in the petition, which is duly supported by an affidavit, this Court finds it just and appropriate to appoint a Warrant Officer. Registry is accordingly directed to appoint a Warrant Officer, who shall visit the place(s) as may be pointed out by the petitioner in order to locate the said detenues. If the Warrant Officer finds that the alleged detenues are in wrongful confinement of respondents, he shall get them released forthwith. Fee of the Warrant Officer shall be fixed by the Registry, to be paid by the petitioner. The Warrant Officer shall submit his report on or before the next date of hearing."

3.

Today the report of the Warrant Officer has been opened which states as under:- "In compliance with the order dated 13.06.2026 passed by Hon'ble Mr. Justice Deepak Gupta, undersigned was appointed as Warrant Officer in the above noted case on 13.06.2026.

At the very outset learned counsel for the petitioner told undersigned that petitioner will meet me at Amritsar. I left Chandigarh at 4:15 pm on 13.06.2026. Vishal, an associate of petitioner met me near police station Gate Hakim, Amritsar. He told me that petitioner does not want to go to police station during night time and requested me to conduct search. He also showed his inability to accompany me. I reached police station Gate Hakim at 9:05 pm on 13.06.2026. MHC Vikram Singh was present there. After disclosing my identity and purpose of visit, I searched each and every corner of police station and alleged detenuesGurpreet Singha and Shamsher Singh were found present in hawalat of police station. In the meantime, I/SHO Lovepreet Singh reached police station.

He told me that Gurpreet Singha and Shamsher Singh had been arrested in case FIR No. 165 dated 09.06.2026 u/s

-325 Arms Act registered at police station Gate Hakim (Annexure R-1) on 12.06.2026 and produced before the Hon'ble Court on 13.06.2026 and remanded to judicial custody. He handed over copy of arrest memo (Annexure R2 and R-3), screen shot of calls made to relatives of accused (Annexure R-4 and R-5), GD entry regarding arrest (Annexure R-6) copy of remand paper (Annexure R-7) and jail warrant (Annexure R-8 and R-9). He further told that both the accused are lodged in hawalat on rahdari remand as the jail time to lodge the accused was over. He also told me that due to renovation and shifting of police station, CCTV cameras are not installed yet and higher authorities had already been informed.

GD entry made by the concerned police station is at Annexure R-10."

4.

In view of the same, no further orders are required to be passed and the petition is disposed of.

5.

Pending application(s), if any, shall also stand disposed of. (VIKRAM AGGARWAL) JUDGE July 02, 2026 Mani Kumar Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No